DOT Publishes Notice of Proposed Rulemaking for Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records

On October 15, 2024, the Department of Transportation (DOT) published a notice of proposed rulemaking (NPRM) in the Federal Register proposing to amend its regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry to allow, but not require, electronic signatures on documents required to be created and utilized under the regulations, the use of electronic versions of forms, and the electronic storage of forms and data.  

The regulatory changes would apply to DOT-regulated employers and their contractors (“service agents”) who administer their DOT-regulated drug and alcohol testing programs.  Currently, employers and their service agents must use, sign and store paper documents exclusively, unless the employer is utilizing a laboratory’s electronic Federal Drug Testing Custody and Control Form system that has been approved by the Department of Health and Human Services.  DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms.  

This rulemaking also responds to an April 2, 2020, petition for rulemaking from DISA Global Solutions, Inc. requesting that part 40 be amended to allow the use of an electronic version of the alcohol testing form for DOT-authorized alcohol testing.

The proposed regulatory amendments are expected to provide additional flexibility and reduced costs for the industry while maintaining the integrity and confidentiality requirements of the drug and alcohol testing regulations.

The comment period for the NPRM closes on December 16, 2024.   

To learn more about this notice, view the document at https://www.transportation.gov/odapc/frpubs.